THE DELHI LAWS ACT, 1912

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The Delhi Laws Act, 1912 was enacted on September 18, 1912 for the purpose of enforcing some of the laws that are implemented in the Delhi Province and also for the application of the legislations. The object clause of the Act states that according to the proclamation which is notified on September 17, 1912, the Governor General in Council has decided to take under his direct power and administration of the territory stated in Schedule A with the approval and assessment of the State Secretary to the nation. It shall also provide the management by the Chief Commissioner as an independent Province which is called as the Delhi Province. The provisions of the Act came into effect on October 1, 1912.

The Proclamation noted in the Preamble will not be considered to have made any alteration in the enforcing of Acts in the territory without considering that such laws may be made applicable or enforced to those territories in a specific management. The Act provides for the formulation of some legislation that is enforced on the territories that are stated in Schedule A. All the legislations that are framed by any department in India and the entire notifications, plans, strategies, regulations, rules etc that are specified in any acts that immediately prior to the implementation of the enactment were enforced or mentioned for any territories denoted in Schedule A will be interpreted as that are indications to the concerned authorities or publicized in the Gazette as provided under the Act.

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In addition, the Act states the authority conferred on Courts as well as the State Governments to enable the enforcement of the legislations. Accordingly, to provide for the extension of the territory specified under Schedule A or in any of its part for any legislations enacted prior to the commencement of the enactment or any strategies, bye-laws, rules, order etc framed or set down in any act, the Court is empowered to interpret the act, order, strategies, methods, bye-laws etc with some changes that does not affect the body that are essential or appropriate to get used to it to the subject in front of the Court. The State Government can publicize in the Gazette of India directly by the officer or the authority of responsibility that should be performed or released and the notification will be effectual in the same manner as if formulated in this enactment.

Further, the notification that is publicized as provided under the Act may sometimes issue direction that the authority or responsibilities which are held in distinct officers may be joined and held and released by the officers. If according to any notification appellate authorities are joined and held in an officer, the term of limitation for such appeal will be for a longer term as specified in the matters of appeal to the authorities whose powers were united as provided under the enactment. Special provision is provided for the proceedings that are pending. The Act states that the provisions of the enactment shall not have an effect on the proceedings that are pending during the enforcement with regard to the territories denoted in Schedule A and all the proceedings will persist in the same manner if this legislation was not enacted. The proviso states that those proceedings which were pending at the time of initiation of the act in front of the Division Commissioner or other officials in the territory specified under Schedule A will be reassigned and organized by the officials in the Delhi State as directed by the Sate Government after publicizing in the Gazette.

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In addition to the present enactment, the Government has also enacted the Delhi Laws Act, 1915 including the recent enactments like The Delhi Laws (Special Provisions) Act, 2006 and The National Capital Territory of Delhi Laws (Special Provisions) Act, 2011.